HomeMy Public PortalAbout05/10/1974COMMISSION MEETING
MAY 10, 1974
PRESENT: WILLIAM F. KOCH, JR MAYOR
GEORGE W. WALKER VICE MAYOR
JOAN S. LAPORTE COMMISSIONER
HENRY N. WHITNEY COMMISSIONER
JOHN K. WHITTEMORE COMMISSIONER
Also attending: Att'y John C. Randolph, William E. Gwynn - Town
Manager, Barbara Gwynn - Deputy Town Clerk and
Mr. Larry Ball.
The Meeting was called to order at 9:00 A.M. by Mayor Koch.
Upon Motion of Mr. Whittemore and seconded by Mr. Walker the
Commission unanimously approved the "Minutes" of the regular
meeting held on April 12, 1974.
The Financial Statement for the Month of April was submitted to,
and accepted by the Commission.
The following SUMMARIZATION of Police Reports for the Month of
April 1974, was furnished the Commission:
COWART BROWN MCQUADE READON SIMPSON
Mileage
1360
1518
1519
1188
1164
Days
22
21
22
22
18
Hours
176
168
176
176
128
Calls
14
17
25
8
14
Warnings
-0-
1
2
-0-
-0-
1 B & E
Ordinance 74 -5 granting a Franchise to Leadership Cable Systems
of Gulf Stream Inc. was placed on second reading. Upon motion
of Mr. Walker and seconded by Mr. Whittemore the rift -ate was
unanimously approved by the Commission.
A letter addressed to the Town Commission requesting a variance for
Mr. Edward C. Spalding regarding setback requirement on AlA. Mr.
Koch asked Mr. Ball if the Zoning Board had reviewed this request,
Mr. Ball stated that they had and felt this request should be
granted. Mr. Whittemore moved this request be granted, Mr. Walker
seconded the motion. The motion passed unanimously by the Commission.
Consideration of a proposed plat and construction plans for Driftwood
Landing was submitted to the Commission for review. Mr. John McKey
representing the petitioners was present and explained the proposed
plat. Mr. Koch noted that a part of the proposed plat was on
someone else's property and said the Town would have to receive a
letter of release before anything was approved, Mr. McKey presented
him with the release. Mayor Koch also stated since these are private
roads on this proposed plat set back requirements must be measured
from the edge of road way. Mayor Koch also stated that he would like
COMMISSION MEETING May 10, 1974 Pont. Page 2.
to see the contract to reflect a 200% guarantee to the Town
should the developer not complete the project. Mr. McKey said
this would be satisfactory with them. Mr. Whittemore said
that he would like to have it stated in the contract that the
developer would be responsible for repairing any damage that
may be done to existing roads and other facilities during
construction, Mr. McKey agreed to this also. Mr. Whittemore
moved that the plat and construction plans be accepted with
the changes as stated previously. Motion seconded by Mr.
Walker, approved unanimously by the Commission.
A letter from Mr. Robert Tarabella was read to the Commission.
This letter outlined six possible violations of the Town's
Ordinance by Carr Sod and Soil Co. which operates a business
in the Town of Gulf Stream on lease property from Florida
Inland Navigation District. Mayor Koch noticed that Mrs.
Carr was in attendance and asked if she would like to speak
to the Town Commission. She explained their operation and
showed pictures where they had cleared some of the objectionable
items and mentioned that they do not start work before 8 A.M.
but do work pass 5 P.M. some of the time. After further dis-
cussion Mayor Koch instructed the Town Manager to prepare a
written report and submit it to the Town Commission.
Mayor Koch gave a brief explanation of the Federal Flood In-
surance Program and informed the audience that the Town had
l written for application forms to possibly be prepared by
the Town at a later date.
Mr. John Klinck, Engineer with Russell & Axon presented a
letter outlining his firms explanation of what mould need
to be done regarding water systems acquisition from the
Gulf Stream Golf Club, it also stated that the estimated
actual cost of the report will not exceed $2,150.00.
Mrs. LaPorte moved that we accept this proposal under our
existing agreement for Engineering services with Russell
& Axon. Mr. Walker seconded the motion, motion passed
unanimously.
Town Manager Gwynn informed the Commission he had received
building plans from Mr. Glen Campbell for construction of
an 8 unit apartment house in apartment area "C" located next to
the Town Hall on Bermuda Lane, he noted these plans do not meet
the requirements of the recently adopted zoning ordinance 74 -3.
Mr. Pat Coughlan Attorney for Mr. Gordan Ford the prospective
owner discussed the position of his client and the fact that
he had never been notified of any changes or proposed changes
COMMISSION MEETING May 10, 1974 Cont. Page 3.
that would have affected his property even tho he had had several
discussions with Mr. Worthing. There was a general discussion of
this particular situation and the Commission agreed that the plans
should be turned over to the Planning and Zoning Board for their
review and recommendation to be presented back to the Commission
at the next regular meeting.
Mr. Robert C. Reed presented plans to add an extra lane to the
new entrance of Place Au Soleil. Mr. Reed stated that he would
bear the full expense. Mr. Walker mived that we accept the
plans, motion seconded by Mr. Whittem-+re, motion passed unanim -usly.
Meeting Adj-)urned.
10:15 A.M. I L
w u---
eputy Town 1 rk
3345 Oleander Way
Gulfstream, Florida
May 6, 1974
Town Council
Gulfstream, Florida 33444
Attention: Mr. William E. Gwynn
Gentlemen:
This letter respectfully requests variance from that
certain set -back requirement for seventy -eight (781) from
North Ocean Blvd. (A -1 -A), specifically affecting Lots 45,
45LA, 46 and 46 -A, Replat of Gulfstream Properties.
A copy of pool plans, Charles Trieste Contractor, is
appended.
A very solid nine (9') foot ficus hedge borders the
property parallel to Ocean Boulevard, set back twelve (12)
feet. Center line of A -1 -A to edge of patio will be seventy
(70) feet.
It is impossible to locate pool closer to residence.
The inability to construct same on a property of four lots
would create a definite hardship on the owner, who has con-
siderably upgraded his property to the best interest of the
Community.
The owner is a year -round resident of Gulfstream
and hope the Council will accede to the above.
Encl.
ECS /pt
Very truly urs,
lit/ � /�.
EdwardI Spaldirfg
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1
ORDINANCE NO. /-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GULFSTREAM
FLORID, STREAM, INC. ITSNSUCCESSORSEANDRASSIGNS, TO SYSTEMS F
AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE
CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRAN-
CHISE: PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY
ANTENNA TELEVISION SYSTEM; AND PRESCRIBING PENALTIES FOR VIOLA-
TION OF THE FRANCHISE PROVISIONS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFEC-
TIVE DATE; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULFSTREAM,
FLORIDA:
Section 1. Short Title. This Ordinance shall be known and may be cited as
the Antenna Television Franchise Ordinance."
Section 2. Definitions. That for the purposes of this ordinance, the
following terms, phrases, words, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
(a) "City" is the City of Gulfstream, Florida
(b) "Council" is the City Council of Gulfstream,
Florida.
(c) "Cable Television System," hereinafter referred to as
"CATV System" or "System" means a system of coaxial cables
or other electrical conductors and equipment used or to be
used primarily to receive television or radio signals dir-
ecting or indirectly off- the -air and distribute them to sub-
scribers for a fee.
(d) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(e) "Grantee" is Leadership Cable System of
duly authorized to transact business in the State of
Florida, or anyone who succeeds Leadership Cable System of
Gulfstream, Inc. in accordance with the provisions of
this Franchise.
Section 3 Grant of Nonexclusive Authority.
(a) There is hereby granted by the City to the Grantee the
right and privilege to construct, erect, operate and
maintain, in, upon, along, across, above, over and under
the streets, alleys, easements, swale areas, public ways
and public places now laid out or dedicated, and all ex-
tensions thereof, and additions thereto, i'n the City,
poles, wires, cables, underground conduits, manholes, and
other television conductors and fixtures necessary for the
maintenance and operation in the City of a CATV system
for the interception, sale and distribution of television
and radio signals.
(b) The right to use and occupy said streets, alleys, easements,
swale areas, public ways and places for the purposes herein
set forth shall not be exclusive and the City reserves the
right to grant a similar use of said streets, alleys, ease-
ments, Swale areas, public ways and places, to any person at
any time during the period of this Franchise.
(c) The company shall have the right to enter into arrangements
for the attachment onto and use of facilities owned and
operated by public utilities operating within the City,
whereby the company shall strictly comply with the terms,
provisions, and restrictions of said agreements, and copies
of al.l agreements made with other public utilities operating
within the City shall be provided to the City upon request
for the same.
Section 4. Compliance with Aoolicable Laws and Ordinances. The grantee
shall, at all times during the life of this Franchise'—,-Fe subject to all lawful
exercise of the police power by the City and to such regulation as the City
shall hereafter provide, and the grantee shall fully comply with all aoolicable
laws, rules, and regulations now in effect or hereinafter adopted by the Federal
Communications Commission, the City, the State of Florida and the United States
Government.
Copies of all petitions, applications and communications submitted by the
grantee to the Federal Communications Commission, Securities and Exchange Commission,
or any other federal or state regulatory commission or agency having jurisdiction in
respect to any matters affecting CATV operations authorized pursuant to this Franchise
shall be provided to the City upon request for the same.
Programs carried by the grantee shall be carried in their entirety as received,
with announcements and advertisements and without additions.
Section 5. Territorial Area Involved. This Franchise is granted in all areas
within the present corporate limits of the City and to any area henceforth added
thereto during the term of this Franchise.
Section 6. Liability and Indemnification.
(a) The grantee shall indemnify and hold harmless the City,
its officers, agents and employees, from all claims, debts,
liabilities, demands, interest, court costs and attorneys
fees, to itself, or to any third person, whether for bodily
injury, death, property damage or otherwise, in any way
arising out of the operations of grantee under this franchise.
-2-
(b) The grantee shall pay and by its acceptance of this Franchise,
specifically agrees that it will pay all expenses incurred by
the City in defending itself with regard to all damages and
penalties, including, but not limited to, all out of pocket
expenses, such as attorney fees, and the reasonable value of
any services rendered by the City Attorney or his assistant
or any employees of the City.
(c) The grantee shall maintain, and by its acceptance of this
Franchise soecificatly agrees that it will maintain throughout
the term of this Franchise liability insurance insuring the
grantee and naming the City as an additional insured thereunder,
against loss or damage arising out of the operations of grantee
under this franchise in the following minimum amounts:
(1) $250,000.00 for boidly injury or death to
any one person and $500,000.00 for any one
accident;
(2) $250,000.00 for property damage resulting
from any one accident;
(3) $500,000.00 for the infringement of copyrights;
and,
(4) $500,000.00 for all other types of liability.
(d) Performance Bond. The company shall maintain, during the existence
of t e rig is and privileges granted hereunder, a faithful per -
formance bond running to the City, with a good and sufficient
surety acceptable to the City, in the penal sum of $25,000, con-
ditioned that the Company shall well and truly observe, fulfill
and perform each term and condition of this ordinance and that
in case of any breach of condition of the bond, the amount
thereof shall be recoverable from the principal and surety thereof
by the City for all damages resulting from the failure of the
Company to well and faithfully observe and perform any provisions
of this ordinance.
(e) The insuring initial performance quarantee policy and permanent
payment and performance guarantee obtained by the grantee in
compliance with this section.must be approved by the City
Council and such insurance policy and guarantee along with the
written evidence of payment of the required premiums shall be
filed and maintained with the City Clerk of the City during
the term of this Franchise.
(f) The insurance policies and bonds which the grantee is required
to furnish under the requirements of this franchise shall be
first submitted to the City Attorney for his acceptance and
approval thereof on behalf of the City, and, if so accepted
and approved, shall be filed in the office of the City Clerk
together with written evidence of payment of the required
premiums due thereunder.
-3-
Section 7. Color TV. The facilities used by the grantee shall be caoable
of distributing color TV signals, and when the signals the grantee distributes
are received in color, they shall be distributed in color.
Section 8. Signal Ouality Reouirements. The grantee shall at all times:
(a) Use at least 120 MHZ of bandwidth (the equivalent of 20
teleivsion broadcast channels) available for immediate
or potential use.
(b) Maintain equipment that passes standard color television
signals without degradation and with a phase shift measured
within its own system not to exceed plus or minus 7 degrees.
Said phase shift measured within its own system shall mean the
difference between the phase shift measured in the signal re-
ceived by the grantee at its tower and the measure of phase
shift at the subscriber's receiver.
(c) Provide a minimum level of 1,000 microvolts across 300 ohms at
the input terminals of each TV receiver on the line.
(d) Provide that the system and all equipment be designed and
rated for 24 hours per day continuous operation.
(e) Provide a signal -to -noise ratio of not less than Forty
decibels measured at the subscriber's receiver.
(f) Provide a television signal with a hum modulation less
than five percent measured at the subscriber's receiver.
(g) Provide a television signal free of interaction between any
channels which may cause excessive cross - modulation distortion.
The system cross - modulation distortion level shall meet a
minimum standard of 40 decibels below the level of the television
signals distributed to any subscriber connected to the system
measured at the subscriber's receiver.
(h) Operate the system in compliance with Subpart K of Part 76
of the Federal Communications Commission Rules and Regula-
tions relating to incidental radiation.
(i) Provide an intermodulation distortion not to exceed minus
forty -six decibels measured at the subscriber's receiver.
(j) Provide that the plot of gain versus frequency across any
six megacycle channel is to be flat plus or minus 2. decibels
measured at the subscriber's receiver.
(k) Limit failures to a minimum by locating and correcting mal-
functions promptly, but in no event longer than 24 hours after
notice has been given, except that said time shall be extended
as long as is necessary where the performance of this obligation
is prevented by an act of God, or the same is otherwise made
impossible due to circumstances over which the grantee has no.
control.
-4-
(1) Provide and keep accurate calibrated test enuipment for the
testing of all service and operation standards outlined in
this ordinance and shall conduct these tests as requested by
the City under the supervision of a city representative in
order to establish the level of performance of the system.
The grantee shall provide responsible service and investiga-
tion in response to all customer complaints. Should any cus-
tomer be una bl e to obtain acceptable service from the grantee,
said customer may make application to the City to require such
tests by the grantee. The customer, upon presenting his request,
shall deposit with the City through the office of the City
Manager, the sum of $100.00 as a deposit towards the cost of
such tests. Should the test indicate that the grantee has failed
to provide service to said customer in accordance with the opera-
tional standards outlined in this ordinance, then the grantee
sgakk bear the cost of said test and the deposit herein required
shall be returned to the customer. Should the test indicate that
the grantee is conforming with the operational standards set forth
in this ordinance, then the cost of said tests shall be borne by
the complaining customer. So much of said deposit as is necessary
to reimburse the grantee for the actual cost of its tests shall
be paid over to the grantee and the remainder of the deposit, if
any, shall be returned to the customer.
Section 9. Operation and Maintenance of System.
(a) The grantee shall render efficient service, make repairs
promptly, and interrupt service only for good cause and for
the shortest time possible. Such interruptions, insofar as
possible, shall be preceded by notice and shall occur during
periods of minimum use of the system. The company shall operate
the system so that there will be no interference with television
reception, radio reception, telephone communications or other
installations which are now or may hereafter be installed and
in use by the City or any persons in the City.
(b) The grantee shall maintain an office in the City of Delray
Beach which shall be open during all usual business hours,
have a listed telephone, and be so operated that complaints
and requests for repairs or adjustments may be received at
any time.
Section 10. Carriage of Siqnals. The television and radio signals received
and distributed y the grantee and distributed to the general public from broadcasting
stations licensed by the Federal Communications Commission shall be disseminated with-
out charge to the general public except as provided in Section 29 hereof.
Section 11. Service to Schools. The grantee shall provide a service drop to
each public School ocation within the City for educational purposes upon request
by the City and at no cost to the City or to the public school system. The Grantee
may at its election provide similar services without cost to private schools,
including parochial or other religious schools.
161!
Section 12. Emerqency Use of Facilities. In the case of any emergency
or disaster, the grantee shall, upon request of the City Council, make avail-
able its facilities to the City for emergency use during the emergency or
disaster period.
Section 13. Other Business Activities.
(a) The grantee, its employees, hereunder shall not engage in the
business of selling, repairing or installing television
and radio receivers, or commercials accessories for such
receivers within the City of Delray Beach, Florida, during
the term of this Franchise. Violation of this section shall
be considered a breach of the terms of this Franchise if such
violation is caused by an employee or shareholder only after
the grantee has been notified of such employee's or share-
holder's activities and then only if the grantee fails to
take immediate action to correct such violation.
(b) This Franchise authorizes only the operation of a CATV
system as provided for herein, and does not take the place
of any other franchise, license or permit which might be
required by law of the grantee.
(c) Music to Businesses, etc. The Company shall not contract
for or of erwise provide a music service which is originated
by the system or procured from any source, other than from
signaCs broadcasted by duly authorized broadcasting stations
to any business, professional or commercial establishment.
This subsection shall not prohibit the connection of a CATV
drop to any business, professional or commercial establishment
if the connection is made only to a TV set which is in oper-
ating order at the time of connection, nor shall this section
prohibit the use of background music in conjunction with the
operation of any such CATV channel for which there is no charge
except as provided in Section 29 hereof.
(d) Recommend Service. The company, any and all of its officers,
agents, and employees shall not indicate and shall not recommend,
in any manner, a specific sale or service establishment or in-
dividual be used for the sale or service of any television set.
Section 14. Safety Requirements.
(a) The Grantee shall at all times employ due care and shall
install and maintain in use commonly accepted methods and
devices for preventing failures and accidents which are
likely to cause damage, injuries, or nuisances to the public.
(b) The Grantee shall install and maintain its wires, cables,
fixtures, and other equipment in accordance with the require-
ments of the National Electric Safety Code promulgated by the
National Bureau of Standards and the National Electrical Code
of the American Insurance Association, and in such manner that
they will not interfere with any installations of the City or
of a public utility serving the City.
(c) All structures and all lines, equipment, and connections
in, over, under, and upon the streets, easements and swales,
sidewalks, alleys and public ways or places of the City,
wherever situated or located, shall at all times be kept and
maintained in a safe, suitable, substantial condition, and in
good order and repair.
Section 15 Conditions on Street Occupancy.
(a) All transmissions and distribution structures, lines, and
equipment erected by the grantee within the City shall be
first approved by the City upon application by the grantee
and shall be so located as to cause minimum interference with
the proper use of streets, easements and swales, sidewalks,
alleys, and other public ways and places, and to cause minimum
interference with the rights and reasonable convenience of
property owners who join any of the said streets, easements
and swales, sidewalks, alleys or other public ways and places.
(b) In cases of disturbance of any street, easement and swale,
sidewalk, alley, public way, or paved area, the grantee shall,
at its own cost and expense and in a manner approved by the
City Manager, replace and restore such street, sidewalk, ease-
ment and swale, alley, public way, or paved area in as good
a condition as before the work involvinq such disturbance was
done, and shall maintain such repairs for one year after the
completion of same.
(c) If at any time during the period of this Franchise the City
shall lawfully elect to alter or change the grade of any
street, easement and swale, sidewalk, alley, or other public
way, the grantee, upon reasonable notice by the City, shall
remove, relay, and relocate its poles, wires, cables, under-
ground conduits, manholes, and other fixtures at its own
expense.
(d) Any poles or other fixtures placed in any public way by the
licensee shall be placed in such manner as not to interfere
with the usual travel or any utilities located in or on such
public way.
(e) The grantee shall, on the request of any person holding a
building moving permit issued by the City, temporarily raise
or lower its wires to permit the moving of buildings. The
expense of such temporary removal or raising or lowering of
wires shall be paid by the person requesting the same, and
the grantee shall have the authority to require such payment
in advance. The grantee shall be given not less than 72 hours
advance notice to arrange for such temporary wire changes.
(f) The grantee shall have the authority to trim trees upon and
overhanging streets, easements and swales, alleys, sidewalks,
and public ways and places of the City so as to prevent the
branches of such trees from coming in contact with the wires
and cables of the grantee, except that at the option of the
City, upon request of the grantee, such trimming may be done
by it or under its supervision and direction at the expense
of the grantee.
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(g) In all sections of the City where the cables, wires, or other
like facilities of public utilities are presently placed
underground or are required to be so placed underground at
any time in the future, the grantee shall place its cables,
wires or other like facilities underground to the maximum
extent that existing technology reasonably permits the grantee
to do so.
(h) The City shall not be required to assume any responsibility for
the securing of any rights -of -way or easements, nor shall the
City be responsible for securing any permits or agreements with
other persons or utilities.
Section 16. Employment Practices. The Company will establish the
following proce ures, policies nd reporting requirements:
(a) Equal opportunity in employment shall be afforded all
qualified persons by the Company and no person shall be
discriminated against because of race, color, religion,
national origin or sex.
(b) An equal opportunity notice will be posted in the office
of the Company which states as follows: "Equal Opportunity
Employer -- discrimination because of sex, race, color,
religion, or national origin is prohibited and.you may
notify the Equal Opportunity Commission or the Federal
Communications Commission if you believe you have been
discriminated against."
(c) The policy set forth in (b) above will be set forth on
the employment application forms of the Company in red
ink.
(d) The local employment offices will be notified that the
Company is an equal opportunity employer and there will
be no discrimination practiced by the Company of sex,
race, color religion, or national origin.
(e) Those in positions to hire will be specifically instructed
to examine all hiring policies to make certain that the
same comply with the foregoing declarations.
(f) Each employee of the Company will be advised of the fore-
going equal opportunity policy.
(g) Whenever recruiting for employees is done by means of
advertisement, the words "Equal Opportunity Employer"
will be placed in media that have significant circulation
among minority group people.
(h) No selection techniques or tests that may have the effect
of discriminating against minority groups or females will
be used.
10
(i) Whenever recruiting is done through schools, schools with
significant minority group enrollments will be given equal
consideration.
(j) Contact with leadership in minority and human relations
organizations will be maintained to encourage referral of
qualified minority or female applicants.
Section 17. Removal of Facilities Uoon Request. Upon termination of service
to any subscriber, t e grantee sFaTT prompt ly remove a I 1 its facilities and ea. uip-
ment from the premises of such subscriber upon his request.
Section 18. Transfer of Franchise. The grantee shall not transfer this
Franchise to another person or corporation without prior approval of the City
Council by Resolution.
Section 19. Change of Control of Grantee. Prior approval of the City Council
shall be required where ownership or control of more than 30% of the right of
control of grantee is acquired by a person or group of persons acting in concert,
none of whom already own or control singularly or collectively except that this
section shall not apply to any corporation other than a closed corporation as
defined herein. By its acceptance of this Franchise the grantee specifically
grants and agrees that any such acquisition occurring without prior approval of
the City Council shall constitute a violation of this Franchise by the grantee.
Section 20. City Rights in Franchise.
(a) The right is hereby reserved to the City or the City
Council to adopt, in addition to the provisions con-
tained herein and in existing applicable ordinances, such
additional regulations as it shall find necessary in the
exercise of the police power; provided that such regulations,
by ordinance or otherwise, shall not conflict with the rights
herein granted.
(b) The City shall have the right to inspect the books, records,
maps, plans and other like materials of the grantee related
to its operations in the City of Delray Beach at any time
during normal business hours, as to books, records, maps,
plans and other materials related to or affecting grantee's
financial obligations to the City set forth in this ordinance,
maintained within Delray Beach.
(c) The City shall have the right, during the life of this
Franchise, to install and maintain free of charge upon the
poles of the grantee any wire and pole fixtures necessary
for a police alarm system, on the condition that such wire
and pole fixtures do not interfere with the CATV operations
of the grantee.
(d) The City shall have the right to supervise all construction
or installation work performed subject to the provisions
of this Franchise and make such inspections as it shall find
necessary to insure compliance with the terms of this Fran-
chise and other pertinent provisions of law.
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(e) At the expiration of the term for which this Franchise
is granted, or upon its termination and cancellation, as
provided for herein, the City shall have the right to require
the grantee to remove at its own expense all or any portion
of the CATV system from all public ways within the City.
(f) At the expiration of the term for which this Franchise is
granted, or upon its termination and cancellation, as provided
for herein, the City shall have the right as a condition pre-
cedent of the taking effect of the grant, to require the
grantee of this Franchise to offer to sell to the municipality
all property used under or in connection with this Franchise
or such part of such property as the municipality may desire
to purchase in accordance with and pursuant to the terms of
Florida Statutes 167.22.
(g) After the expiration of the term for which this Franchise
is granted or after its termination and cancellation, as
provided for herein, the City shall have the right to
determine whether the grantee may continue to operate and
maintain the CATV system pending the decision of the City
as to the future maintenance and operation of such system.
Section 21. Maps, Plats and Reports.
(a) Upon request the grantee shall file with the City Engineer
accurate maps of its system, showing construction and
distribution networks and the grantee shall maintain same
current.
(b) The grantee shall file annually with the City Finance
Director within ninety days of the end of the fiscal yea;
a certified statement of the gross receipts derived from
the grantee's subscribers within the area designated by
this Franchise for said year.
Section 22. Payments to the City. The company shall pay the City
three 3 percent of gross subscription revenue received by the company for
cable television service provided to subscribers within the corporate limits of
the City as now or hereafter constituted. Said payments shall be made on a
quarterly basis.
Section 23. Forfeiture of Franchise.
(a) In addition to all other rights and powers pertaining to the
City by virtue of this Franchise or otherwise, the City
reserves the right to terminate and cancel this Franchise
and all rights and privileges of the grantee hereunder in
the event that grantee:
(1) Violates any provision of this Franchise
or any rule, order, or determination of
the City or City Council made pursuant
to this Franchise.
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(2) Becomes insolvent, unable or unwilling to
pay its debts, or is adjudged bankrupt.
(3) Attempts to dispose of any of the facilities
or property of its CATV business to prevent
the City from purchasing same, as provided
for herein.
(4) Attempts to evade any of the provisions of
this Franchise or practices any fraud or
deceit upon the City.
(5) Fails to submit applications for all necessary
licenses and permits within 30 days after grant
of the franchise, copies of which applications
shall be filed.with the City Clerk, and /or fails
to commence construction within 60 days after
grantee's receipt of all required licenses and
permits.
(6) Fails to complete construction pursuant to
the requirements of Section 6 (d) within 3
years from the effective date of this ordinance.
(b) Such termination and cancellation shall be pursuant to and
in accordance with the terms of Florida Statutes, Chapter
167.23, et seq.
Section 24. Cit 's Ri ht of Intervention. The grantee agrees not to oppose
intervention by the Lity in any suit or proceeding to which the grantee is a party.
Section 25. Further A reement and Waiver b Grantee. The grantee agrees to
abide y a provisions of t 7s ranc ise, anO Turther agrees that it will not at
any future time set up as against the City or the City Council the claim that the
provisions of this Franchise are unreasonable, arbitrary, or void.
Section 26. Duration and Renewal of Franchise.
(a) The rights and privileges granted hereunder shall
commence on the effective date of this ordinance
and continue for a period of fifteen (15) years
unless sooner terminated as herein provided. It
has been determined by the City that the period of
15 years is a reasonable period of time for the
duration of a grant of such rights and privileges
of this type and nature, provided that within 30
days after passage of the ordinance naming grantee,
said grantee shall file with the City Clerk its un-
conditional acceptance of this Franchise and promise
to comply with and abide by all of its provisions,
terms, and conditions.
(b) At the termination of the initial 15 years the rights
and privileges granted hereunder may be renewed at the
election and agreement of the City and the Company
for a reasonable period of time not exceeding a period
of 15 years.
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Section 27. Erection, Removal, and Common User of Poles.
(a) No underground facilities, poles or other wireholding
structures shall be erected by the grantee without
prior approval of the City Manager with regard to
location, height, type and any other pertinent aspect.
However, no location of any underground facility, pole
or wire - holding structure of the grantee shall be a
vested interest and such Poles or structures shall be
removed or modified by the grantee at its own expense
whenever the City Manager determines that the public
convenience would be enhanced thereby.
(b) Where poles or other wire - holding structures already
existing for use in serving the City are available for
use by the grantee, but it does not make arrangements
for such use, the City Council may require the grantee
to use such poles and structures if it determines that
the public convenience would be enhanced thereby and
the terms of the use available to the grantee are just
and reasonable.
(c) Where the City or a public utility serving the City
desires to make use of the poles or other wire - holding
structures of the grantee, but agreement therefor with
the grantee cannot be reached, the City Council may require
the grantee to permit such use for such consideration and
upon such terms as the Council shall determine to be just
and reasonable, if the Council determines that the use
would enhance the public convenience and would not unduly
interfere with the grantee's operations.
Section 28. Number of Channels. The Grantee shall make available upon the
request of the City Council one channel for educational TV, one channel for public
access and one channel for local government service. The grantee's cable distribu-
tion system shall be capable of carrying at least 20 television channels. The
grantee shall carry all licensed VHF and UHF channels in accordance with Subpart D
of Part 76 of Federal Communications Commission Rules & Regulations.
Section 29. Rates. The original maximum charge which may be levied by the
Company for installation of its services is as follows:
Type of Service
(TV or FM)
(a) Residential
First Outlet
Extension Outlets
Installation
(Standard)
$9.95
9.95
(b) Multiple Family, Condominiums, Multiple Apartments
(1) Individual Residences
First Outlet
Extension Outlets
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9.95
9.95
Monthly
Service
$5.95
1.25
5.95
1.25
Type of Service Installation Monthly
(TV or FM) (Standard) Service
(b) Multiple Family, Condominiums, Multiple Apartments (Cont'd)
(2) Owners Guarantee
100% connections on
single monthly billing
All First Outlets $9.95 $4.95
All Extension Outlets 9.95 1.00
(c) Commercial Units
First Outlet
9.95
5.95
Extension Outlets
9.95
1.25
(d) Hotels and Motels
First Outlet
By
Contract
5.95
Next 49 Outlets
By
Contract
1.25
All over 50 outlets
By
Contract
1.00
The Company is granted the privilege of making additional installation charges
for custom installation charges as defined in this Ordinance. The amount of the
Company's compensation shall be subject to applicable federal, state and local law
and regulations. All rates shall be uniform throughout the City. No changes in rates
charged to subscribers shall be made except as authorized by the City after an appro-
priate public hearing.
(e) "Standard Installation" shall mean any installation which re-
quires no more than 150 feet of lead -in type cable, where
entry into the structure is made through an outside wall,
wherein internal wiring can be affixed to the surface of
the wall or base - board, and where the method of outside
installation, either aerial or underground, is the same as
is employed in the distribution line serving the subscriber.
(f) "Custom Installation" shall mean any installation which
employs outside construction methods, either aerial or
underground, different from that employed in the distri-
bution line serving the subscriber, where inside wiring
involves installation of cable or wire in any attic, crawl
space or within the dead space area of any wall, or requires
more than 150 feet of lead -in type cable, or requires addi-
tional amplification equipment to provide proper service.
Section 30. Com an Rules. The company shall have the authority to promulgate
such ru es, regu ations, terms, and conditions governing the conduct of its business
as shall be reasonably necessary to enable the company to exercise its rights and to
perform its obligations under this Franchise ordinance and to assure an uninterrupted
service to each and all its customers, provided, however, that such rules, regula-
tions, terms, and conditions shall not be in conflict with the provisions hereof and
shall be filed with the City.
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Section 31. Publication Costs. The grantee shall assume the cost of pub-
lication of this Franc ise as suc publication is required by law and such is
payable upon the grantee's filing of acceptance of this Franchise.
Section 32. Se arabilit If any section, subsection, sentence, clause,
phrase, or portion of t is or�nance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, dis-
tinct, and independent provision and such holding shall not affect the validity of
the remaining portions hereof.
Section 33. Ordinances Re Baled. All ordinances or parts of ordinances in
conflict with the provisions of t is ordinance are hereby repealed.
Section 34. Specific authority to codify this ordinance in the City's Code
is herere yy granted.
PASSED and ADOPTED on second and final reading on the
ATTEST:
3 0 aL4 9 .1�
City C er
First Reading March g r 19 -74
Second Reading May 10, 1974
04A Y . 0 Z
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ACCEPTANCE OF FRANCHISE
LEADERSHIP CABLE SYSTEMS OF GULFSTREAM, INC., a Florida
corporation, does hereby unconditionally accept the community antenna tele-
vision franchise granted to it by Ordinance of the City of Gulfstream, Florida
upon the terms and conditions set forth therein and agrees to comply with
and abide by all of its provisions, terms and conditions.
DATED this 6th day of June, 1974.
LEADERSHIP CABLE SYSTEMS OF
GULFSTRE ,INC.
B3' • CLG�. 1�Cl/LC o
Leo and R. Harris, Vice President
Attest:
By:
C. . Carlar, , Assistant Secretary
Signed, sealed and delivered in the
Areaence of: /
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME PERSONALLY appeared LEONARD R. HARRIS, vice
president of Leadership Cable Systems of Gulfstream, Inc. to me well known
and known to me to be the person described in and who executed the foregoing
instrument, and acknowledged to and before me that he executed said instru-
ment for the purposes therein expressed.
WITNESS my hand an d offici sal this 6th ay of J e, 1974.
C'
My commission expires: inda M. Seitles, Notary Public . _ ,
Nolory Public sic" a Florida al 1197t .,
MY Commission E'Pires May Z0.
Bonded by /unerican Fire 6 Cosuolty tY Cds /
� `j